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TMI Blog2018 (7) TMI 1977X X X X Extracts X X X X X X X X Extracts X X X X ..... has been indulgent in so far as not making any addition for probable omissions and suppression. In the context of our finding, we do not think that there is any warrant for a remand to the First Appellate Authority. We find the order of the First Appellate Authority though non-speaking quite appropriate on the facts and circumstances as explained herein above. The Tribunal had acted perversely in so far as deleting the addition when a clear suppression is found on the admission of the assessee itself. The assessee has failed to comply with the provisions of the KVAT Act and failed to account its import of gold, which admittedly was subsequently sold - Revision allowed. - OT. Rev. No. 82 of 2 - - - Dated:- 24-7-2018 - MR K. VIN ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... he Head Office at Chennai and was sold by the Head Office from Bangalore. The Tribunal found that the Assessing Officer has not given any valid reason for making such addition and directed deletion of the same. 3. We are of the opinion that the Tribunal, if at all finds no valid reasons stated in the assessment order, ought to have remanded the matter to the Assessing Officer. We would not carry out such an exercise, since we find the facts to be fairly explicit from Annexure B order, which is the order passed on rectification of the earlier order at Annexure A. The learned Counsel for the respondent argued that the First Appellate Authority has merely rejected the contention of the assessee by a single line without any cons ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 6. If that be so, there was absolutely no difficulty for the purchase to be shown in the accounts of the Bank. An import made in the name of the branch, if centrally controlled by the Head Office has to be accounted in the books of accounts of the branch and whenever there is a centralised directive to consign the same to other branches, it shall be done on the basis of branch transfers supported by documents as prescribed under the Act and if the same is outside the State, supported by documents under the Central Sales Tax Act. There was no such documents supporting the transfer of goods or evidencing the movement from Kerala to Tamilnadu and then to Bangalore or at least from Kerala to Bangalore. 7. The clear ad ..... X X X X Extracts X X X X X X X X Extracts X X X X
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